Terms-of-use

Terms and Conditions

User's Acknowledgment and Acceptance of Terms

Subha International ("The Designer Labels", “TDL”, "Us" or "We") provides thedesignerlabels.com website and various related services (collectively, the "Site") to you, the user, conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Terms and Conditions of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Site, you shall also be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions of Use. All such additional guidelines or rules are hereby incorporated by reference into these Terms and Conditions of Use. In the event there is a conflict between these Terms and Conditions of Use and the latter, and the latter provides additional restrictions, the latter will take precedence.

 

By using the site, you are indicating that you have read, understand and agree to be bound by these terms and conditions of use.

 

We expressly reserve the right to modify, discontinue or terminate the Site, Application or Services or to change these Terms and Conditions of Use at any time and without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms and Conditions of Use, we will post the modification on the Site. Your continued access to, or use of the Site after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide by and be bound by the modified Terms and Conditions of Use. If the modified Terms and Conditions of Use are not acceptable to you, your only recourse is to cease using the Site, Applications and the Services.

 

As used in these Terms and Conditions of Use, references to our "Affiliates" include our promoters, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.

Description of Services

We make various services available on and through the Site including, but not limited to, designer collections, designer works, personalized recommendations for women’swear, menswear, accessories and jewellery, along with other services and features we deem relevant. We reserve the sole right to either modify or discontinue any service associated with the Site, including any of the Site's features, at any time with or without notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms and Conditions of Use.

Registration Data

In order to access certain services or features on the Site, you are required to use an account and password. You may obtain an account and password only by completing our online registration form. The online registration form requests certain information and data ("Registration Data"). You are required to maintain and update your Registration Data as your information and data may change. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required, keeping it current, complete, and accurate.

By completing the online registration form, you hereby grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the Site, including your Registration Data, is subject to our Privacy Policy. Our Privacy Policy is specifically and fully incorporated by reference into these Terms and Conditions of Use. If there is any conflict between the “Privacy Policy” & “Terms and Conditions”, our Terms & Conditions shall prevail.

Conduct on Site

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or to the Content in any manner whatsoever. You agree not to add to, subtract from, or otherwise modify or delete the Content, or access or make an attempt to access any Content that is not intended for You, except as provided in this Terms of Use. You agree not to use the Site in any manner that might interfere with the rights of third parties. You may not use the Site if you are not above eighteen (18) years of age. Please get a parent's or guardian's consent/permission before accessing the Site or any portion thereof. You are also requested not to reveal any personal information about Yourself or anyone else (for example, telephone number, home address or email address) if you have not attained 18 years. You may use this Site and any information hosted and/or posted on the Site but not limited to writings, comments, files (audio or video), images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for Your personal purpose.

Third Party Sites and Information

The Site links you to other sites on the Internet or otherwise includes references to information, documents, software, materials, products and/or services provided by other parties. We make no representations as to the accuracy, copyright, compliance, quality, suitability, functionality, legality or any other aspect of the content of such sites including any advertisements, advice, comments, ratings, listings and recommendations contained on, distributed through, or linked, downloaded or accessed from the Site, to which we may provide links, or any goods or services available from such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience to you and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressed or implied. All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms, are solely between you and the owner of that site and you agree not to hold Thedesignerlabels.com responsible or liable for any costs or damages to you or any third party arising directly or indirectly out of the purchase by you of goods or services from any third party website. Any references made by the Site to any names, marks, products or services of third parties or hypertext links to any third party site or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product, service, advice, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Site.

Intellectual Property Information

 

Thedesignerlabels.com owns rights in the name and trade mark TheDesignerLabels, TDL and TDL logo that appears on the Site (the “Logo”). You are not permitted to, and you agree not to, use these marks in any way (including as part of any other trade mark, company name or domain name), in connection with any product or service.

 

Thedesignerlabels.com owns or is the authorised licensee of all intellectual property rights (including copyright) in and to the Site. Copyright laws and treaties throughout the world protect these works and all rights in and to them are reserved by us.

 

For purposes of these Terms and Conditions of Use, we define "content" as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes all original content including blogs. Emailers, newsletters etc.

By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of TDL and/or its Affiliates / Partner Designers. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

The Site may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of TDL or its Affiliates/ Partner Designers. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms and Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of TDL or its Affiliates / Partner Designers for any purpose whatsoever without the prior written approval of an authorized representative of TDL.

Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE AT ANY TIME WITHOUT NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.

Through your use of the Site, you may have opportunities to engage in commercial transactions with our Partner Designers. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you. You agree that neither TDL nor its Affiliates shall be a party to any commercial contract between you and any sellers/purchasers.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

Some content on the website including text, images, videos are provided by our Partner Designers. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TDL spokesperson speaking in his/her official capacity.

 

You understand and agree that temporary interruptions of the services available through the Site may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services and features available on the Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY OTHER WEBSITE REFERENCED OR LINKED TO FROM THE SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.

YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE SITE CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.

Indemnification

You agree to defend, indemnify, and hold us, our Affiliates and Partner Designers harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Participation in Promotions

From time to time, the Site may include advertisements associated with offers by third parties. You may feel free to enter into correspondence with or participate in promotions of any advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree that we have no liability, obligation or responsibility for any aspect of your correspondence or transactions with the advertiser. You also understand that the inclusion of an advertisement on the Site does not constitute our endorsement of any offer or promotion associated with that advertisement, nor, does it constitute endorsement of any entity associated with or responsible for the advertisement. You assume all risk associated with any correspondence or transaction with the advertiser.

E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our Site, either directly or through a third-party provider. Where additional Communications services are provided, we may require that you execute separate supplemental agreements covering those services and characterizing the relationship between you and us that, except where expressly noted or contradictory in the supplemental agreements, includes these Terms and Conditions of Use.

We will not inspect or disclose the contents of your private Communications except with the consent of the sender or the recipient, or in the narrowly defined situations provided under the applicable privacy laws or as otherwise required by law or by court or governmental order. Further information concerning our treatment of your private Communications is available in our Privacy Policy.

At our sole discretion, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited Communications between parties. Regardless, you agree that we are not responsible for any legitimate Communication that is blocked, or for any unsolicited Communication that is not blocked.

International Use

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside India or that the Site complies with any country's privacy laws. Accessing the Site or materials from territories where the content is deemed illegal is prohibited. If you access the Site from locations outside the India, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law, Venue, Arbitration

The Site (excluding any linked sites) is controlled by us from our office within the state of Delhi. It can be accessed from all states of India, as well as from other countries around the world. As each of these places has laws that may differ from those of India, by accessing the Site, both of us agree that the statutes and laws of the India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Gurgaon with respect to such matters.

Notices

All notices to a party shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service at contact@thedesignerlabels.com, if by email, or at 86/23, Near Hiran Kudna Mor, Mundka Udyog Nagar, Rohtak Road, New Delhi – 110081 (INDIA), if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.

Miscellaneous

In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.

 

You agree not to sell, resell, reproduce, duplicate, copy, create a derivative work, or use for any commercial purposes any portion of the Site. You also agree that you will not use or access the Site for commercial purposes.

In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.

Contact Information

Except as explicitly noted on the Site, the services available through the Site are offered by Subha International, located at 86/23, Near Hiran Kudna Mor, Mundka Udyog Nagar, Rohtak Road, New Delhi – 110081 (INDIA). If you notice that any user is violating these Terms and Conditions of Use, please contact us at contact@thedesignerlabels.com

 

 

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